ReSuffle Terms of Use

Updated 4/11/2021

Welcome to ReShuffle!

Please read the following Terms of Use carefully before using our website available at: reshuffle.education together with its subdomains, Content, Marks and services, shall be referred to as the “Website”) and our Service (as defined below) (including services that are made available to you via ReShuffle's accounts within social media platforms), so that you are aware of your legal rights and obligations with respect to ReShuffle ("ReShuffle", "we", "our" or "us"). By accessing or using the Website, or otherwise using our Service you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (collectively the "Terms"). If you do not agree to be bound by these Terms please do not access or use the Website and/or Service. For clarity, these Terms shall not derogate from any applicable social media platform's terms and conditions from which you may receive and/or use the Service.

1. Background.

ReShuffle offers a hybrid learning platform allowing you to learn what you love, with people from all over the world sharing the same passion, using, among others, social media and offline interactions to create products you care about (the "Service"). The Service will provide you to access to an online course (which we call a "Quest").The Quest will enable you to have access to professional information, and fulfill personal tasks. If you complete the task you may create certain content (the "Quest Deliverables"). In order to access the Service and participate in the Quest(s) you have chosen, you will need to connect to the Service via your Instagram or TikTok or Discord account. The Website will assist you with the knowledge required to complete the Quest and is intended to provide you with information related to our Service, and enable you to contact us via the Website.

2. Modification.

We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following the posting of the revised Terms on the Website, and your continued use of the Service and/or Website thereafter means that you accept those changes.

3.Ability to Accept Terms.

The Website and Service are only intended for individuals aged thirteen (13) years or older. If you are under thirteen (13) years please do not visit or use the Website and Service. If you are under age eighteen (18) please read these Terms with you parent or guardian, and refrain from using the Website and Service if your parent or guardian has not consented to you using the Website, having an Account to use the Service and providing Personal Information to ReShuffle.

4. Access.

For such time as these Terms are in effect, we hereby grant you permission to visit and use the Website and Service, provided that you comply with these Terms and applicable laws.

5. Restrictions.

You shall not: (i) copy, distribute or modify any part of the Website and/or Service without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Website and/or Service; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Website and/or Service; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Website and/or Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Website and/or Service.

6. Account.

In order to use the Website and/or Service, you will have to create an account ("Account") and link your account with your Instagram, TikTok or Discord account. By using the Service and connecting to the Service via your Instagram account, you hereby agree to the Instagram Data Policy, available at: https://help.instagram.com/519522125107875, and the Instagram Terms of Use, available at: https://help.instagram.com/581066165581870/?helpref=hc_fnav; by using the Service and connecting to the Service by via your TikTok account, you hereby agree to the TikTok Terms of Service, available at: https://www.tiktok.com/legal/terms-of-service?lang=en, and the TikTok Privacy Policy, available at: https://www.tiktok.com/legal/privacy-policy-row?lang=en; and by using the Service and connecting to the Service by via your Discord account, you hereby agree to the Discord Terms of Service, available at: https://discord.com/terms, and the Discord Privacy Policy, available at: https://discord.com/privacy. You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify ReShuffle immediately of any breach of security or unauthorized use of your Account. As between you and ReShuffle, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to ReShuffle at ReShuffle.contact@gmail.com. Personal Information (as defined in ReShuffle's Privacy Policy available at this link (the "Privacy Policy") collected by ReShuffle in connection with the foregoing, shall be processed in accordance with the then-current Privacy Policy, which is hereby incorporated into these Terms by reference.

7. Payments to ReShuffle.

Except as expressly set forth in the Terms, your general right to access and use the Website is currently for free, but Reshuffle may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Website unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Website.

In order to activate your Account and use our Service you will be required to pay our subscription fees ("Fees"). Upon registration to the Service you will be transferred to a landing page in which you will complete the payment process. Except as may be expressly agreed upon in writing by ReShuffle, or stated otherwise in the landing page or these Terms: (a) all Fees are stated, and are to be paid, in your local currency; (b) all payments and payment obligations under these Terms are non-refundable, and are without any right of set-off or cancellation; and (c) the Fees are exclusive of all applicable sales, use, consumption, VAT, GST, and other taxes, duties or governmental charges (except for taxes based upon ReShuffle's net income), as well as transportation or insurance.

8. Intellectual Property Rights.

8.1.Content and Marks. The (i) content on the Website and Service, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, images, photos, sounds, videos, interactive features, and services (collectively, the "Content"), and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of ReShuffle and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "ReShuffle”, the ReShuffle logo, and other marks are Marks of ReShuffle or its affiliates. All other trademarks, service marks, and logos used on the Website and Service are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Website, the Service and the Content.

8.2.Use of Content. Other than the Quest Deliverables, which shall be owned by you, all Content on the Website and Service is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you receive or otherwise have access to Quest Deliverables created by another user, you may not use such Quest Deliverables unless otherwise agreed upon with such user. For the avoidance of doubt, ReShuffle shall not be responsible for any use of your Quest Deliverables by other users. If you download or print a copy of the Content or any Quest Deliverables you must retain all copyright and other proprietary notices contained therein.

9. User Submissions.

9.1.Responsibility. The Website and Service may permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right at our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, use, repost and/or remove any and all Content posted on the Website and Service (including User Submissions) at any time and for any reason.

9.2.Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize ReShuffle to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Website, Service and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions. License to User Submissions. By submitting the User Submissions to ReShuffle, you hereby grant ReShuffle a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website, Service, ReShuffle's social media pages and ReShuffle's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Website or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.

9.3.Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

9.4.Exposure. You understand and acknowledge that when accessing and using the Website and Service: (i) you will be exposed to User Submissions from a variety of sources, and that ReShuffle is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against ReShuffle with respect to (i) and (ii) herein.

9.5.Spam. You agree not to, and will not, use the communication systems provided by the Website, and Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.

10. Information Description.

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Website and/or Service is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

11. Links.

11.1.The Website and Service may contain links, and may enable you to post content, to third party websites that are not owned or controlled by ReShuffle. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release ReShuffle from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

11.2.ReShuffle permits you to link to the Website provided that: (i) you link to but do not replicate any page on this Website; (ii) the hyperlink text shall accurately describe the Content as it appears on the Website; (iii) you shall not misrepresent your relationship with ReShuffle or present any false information about ReShuffle and shall not imply in any way that we are endorsing any services or Services, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.

12. Privacy.

We will use any personal information that we may collect or obtain in connection with the Website and Service in accordance with our privacy policy which is available at: this link

13. Copyright Policy.

It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: this link ("Copyright Notice").

14. Warranty Disclaimers.

14.1.THIS SECTION APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE WEBSITE, AND SERVICE ARE FOR PAYMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.

14.2.THE WEBSITE AND SERVICE ARE TOOLS WHICH MAY PROVIDE YOU WITH CERTAIN GENERAL INFORMATION AND IS NOT INTENDED TO PROVIDE YOU WITH PROFESSIONAL ADVISE OR RECOMMENDATIONS, BUT SHALL MERELY SERVE AN ENRICHMENT TOOL. THE INFORMATION MADE AVAILABLE BY THE SERVICE MAY NOT BE CORRECT, COMPLETE OR UP-TO-DATE, AND YOU SHOULD NO RELY ON SUCH INFORMATION AS PROFESSIONAL ADVISE.

14.3.THE WEBSITE, SERVICE AS WELL AS ANY OTHER INFORMATION GUIDANCE AND SERVICES PROVIDED OR MADE AVAILABLE BY RESHUFFLE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. RESHUFFLE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, UTILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. RESHUFFLE WILL NOT BE LIABLE FOR ANY USE, OUTCOMES OF USE, OR RELIANCE ON, THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY ENGAGEMENTS WHICH YOU MAY ENTER INTO WHILST RELYING ON DETAILS AND INFORMATION INCLUDED IN THE SERVICE. USE OF THE SERVICE, INCLUDING YOUR PARTICIPATION IN THE QUEST AND/OR CREATING AND USING THE QUEST DELIVERABLES IS ENTIRELY AT YOUR OWN RISK.

14.4.RESHUFFLE DOES NOT GUARANTEE THAT THE WEBSITE AND SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE WEBSITE AND SERVICE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT RESHUFFLE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, SERVICE, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE AND/OR SERVICE BY A THIRD PARTY.

14.5.RESHUFFLE DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.

YOU SPECIFICALLY ACKNOWLEDGE THAT RESHUFFLE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY WEBSITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY WEBSITE OR PLATFORM USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY WEBSITE USER OR OWNER IN CONNECTION WITH THE WEBSITE OR ANY USER SUBMISSION, YOU AGREE THAT RESHUFFLE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. RESHUFFLE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

14.6.EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, RESHUFFLE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURS OF YOUR USE OF THE WEBSITE AND SERVICE.

15.Limitation of Liability.

15.1.TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RESHUFFLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICE, EVEN IF RESHUFFLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

15.2.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RESHUFFLE FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE THE WEBSITE AND/OR SERVICE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RESHUFFLE FOR USING THE WEBSITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.

16. Indemnity.

You agree to defend, indemnify and hold harmless ReShuffle and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Website and/or Service; (ii) your User Submissions ; (iii) your interaction with any user; or (iv) your violation of these Terms.

17.Term and Termination.

These Terms are effective until terminated by ReShuffle or you. ReShuffle, in its sole discretion, has the right to terminate these Terms and/or your access to the Website and/or Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). ReShuffle shall not be liable to you or any third party for termination of the Website, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website. Upon termination of these Terms, you shall cease all use of the Website. This Section (Section ‎17) and Sections ‎‎8 (Intellectual Property Rights), ‎12 (Privacy), ‎14 (Warranty Disclaimers), ‎15 (Limitation of Liability), ‎16 (Indemnity), and Sections ‎18 (Independent Contractors) to ‎‎21 (General) shall survive termination of these Terms.

18.Independent Contractors.

You and ReShuffle are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and ReShuffle. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of ReShuffle.

19.Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by ReShuffle without restriction or notification to you. Any prohibited assignment shall be null and void.

20.Governing Law.

ReShuffle reserves the right to discontinue or modify any aspect of the Website at any time. These Terms and the relationship between you and ReShuffle shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yafo, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that ReShuffle may seek injunctive relief in any court of competent jurisdiction.

21.General.

These Terms shall constitute the entire agreement between you and ReShuffle concerning the Website and Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.